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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Page 4 of about 3,806 results (0.023 seconds)

Mar 28 1973 (HC)

Ramgopal Lath Vs. the Commonwealth Assurance Co. Ltd.

Court : Kolkata

Reported in : AIR1973Cal504

..... ornaments did not tally with the list of ornaments mentioned in the letter to the police written on march 25, 1969. dr. das also contends thai the contract of insurance is a contract of indemnity and accordingly the claimant must give evidence of value in order to succeed.4. it appears that the arbitrator in making the award has not given any reason ..... material. it is not a matter which is within the special knowledge of the arbitrators as businessmen of experience and they can only decide that the due dates of the contract were extended provided there were some materials before them on the point. they may be right or they may be wrong but they are entitled to come to a conclusion ..... by the order made under section 20 of the indian arbitration act, 1940 the arbitrator was directed to decide the question whether or not the terms and conditions of the contract of insurance had been satisfied by the petitioner herein. the second argument is to the effect that the arbitrator was guilty of legal misconduct inasmuch as she was clearly wrong .....

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Jul 15 1981 (HC)

Indian Aluminium Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1983]140ITR114(Cal)

..... invested in timber. that timber might have been sold in the ordinary course of market--as a matter of fact, instead of being actually sold it was burnt. under a contract of indemnity, properly entered into for the purpose of safeguarding the possibilities of business in relation to it, a sum has been received in respect of the timber. that is once ..... by the indian company. it may be that if the canadian company has the duty of forwarding information to india it could be reasonably inferred that their part of the contract would be fulfilled only when the indian company received the information in india. in such case again it may be possible that the post office would be acting as an ..... : [1950]18itr333(mad) and cit v. a. s. t. f. rodriguez & co. : [1951]20itr247(mad) , would not apply and no income accrues on the basis of the situs of the contract. there is also one other point to be considered before we finally decide about the accrual of income. the facts as given by the assessees show that the problems are .....

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Jul 25 1963 (HC)

Union of India (Uoi) Vs. Alliance Assurance Co. Ltd. and anr.

Court : Kolkata

Reported in : AIR1964Cal31

..... the policy, has by way of subrogation an equitable right to all the claims of the assured against the carrier in respect of the shortage. the contract of insurance against loss is a contract of indemnity. on payment of the amount of the loss the insurer as indemnifier has an equitable right of subrogation to the claims of the assured against the carrier .....

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Jul 25 1928 (PC)

Bejoy Kumar Sen and anr. Vs. Kusum Kumari Debi and ors.

Court : Kolkata

Reported in : AIR1929Cal315

..... consistent with justice, equity and good conscience: magniram v. mehdi hossain khan [1904] 31 cal. 95. the right to contribution though an equitable right arises out of an implied contract of indemnity between the parties liable for the same debt. this contractual obligation attaches to each of the persons liable to satisfy the common debt. but this right is not confined to .....

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Feb 09 1933 (PC)

Karunakumar Datta Gupta Vs. Lankaran Patwari

Court : Kolkata

Reported in : AIR1933Cal759

..... was in the transactions in question an agent, and that as an agent ho is entitled to his commission and also to an indemnity on account of loss incurred in entering into other contracts upon the mandate of his employer, the plaintiff; 2. he contends, secondly, that the very possibility of 'common intention' to ..... law, an agent and not a principal. in the former case, the plaintiff, apart from any special statute, would be entitled to his indemnity whether the contract he procured was not of a wagering nature; 2. mr. b.c. ghose's second point may be illustrated by the following example. by ..... this question became of practicable importance during the inquiry as to damages ordered by page, j. the defendant contended that the plaintiffs were entitled to an indemnity only: cassaboglou v. gibb (1883)11 qbd 797. the view taken by the plaintiffs was that the case had travelled in a complete circle and ..... circumvent the defence, sought to amend by pleading in the alternative that they were agents and therefore notwithstanding any default by the shippers entitled to an indemnity. mr. pugh for the plaintiffs propounded the view for which mr. ghose is now contending and relied on observations of lord blackburn in the two ..... failure to take delivery. it was held that b had not created privity of contract between a and 0 the foreign supplier, yet it was held that b could not recover against a except on the basis of indemnity. this result appeals to me difficult to reconcile with the view taken by the .....

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Feb 03 1925 (PC)

Dayton Price and Co. Ltd. Vs. S. Rohomotollah and Co.

Court : Kolkata

Reported in : AIR1925Cal609

..... there was any other material discrepancy between the order and the performance in an essential particular. it appears to me that these contracts have to be looked at not merely as contracts involving the general principle of indemnity but as contracts with respect to which there is a particular arrangement between the parties as to the time when and the conditions upon which the ..... the shipment was to be at new york, in my judgment this stipulation must be regarded as one which went to the root of the contract and which must be performed before the plaintiffs could claim indemnity from the defendants.41. no information was forthcoming as to whether the shipment at montreal instead of at new york would have involved the defendants ..... once the conclusion is arrived at that the stipulation that the shipment should be at new york was of the essence of the contract and was one which the plaintiffs were bound to perform before they could claim indemnity from the defendants.43. no doubt the employer of an agent is bound to indemnify him against the consequences of all lawful acts ..... for varying the port of shipment, nevertheless the agent has part performed the duties which he undertook by the contract of agency and, therefore, the stipulation as to port of shipment cannot be regarded as something which disentitles him altogether to his indemnity, but must be regarded as something which at the worst entitles the principal to make some deduction corresponding to .....

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Sep 29 1978 (HC)

Jagadhatri Bhandar and Jagadhatri Oil Mills Vs. Commercial Union Assur ...

Court : Kolkata

Reported in : AIR1979Cal56,83CWN162

..... the plaintiff submitted to the defendant company a claim for the loss of money for rs. 30,000/- which was the limit of indemnity for loss under the said contract of insurance, although actual loss was more. the defendant company, thereafter, arranged to inspect the loss by its surveyor at the premises ..... such key has been obtained by violence or the threat of violence to the insured or to a member of his staff.' 11. the indemnity, in the first instance, relates to the circumstance when the property is stolen or damaged or the premises is damaged after an actual forcible ..... may set out below the relevant portion of the policy: 'burglary and house breaking policy (as defined)(business premises) ............if during any period of indemnity the property or any pan thereof whilst within the premises shall after actual forcible and violent entry of the premises be stolen or damaged by thieves ..... a clause commonly called scott v. avery clause was considered in heyman v. darwins ltd. (1942) ac 356, and lord wright observed: 'the contract, either instead of or along with a clause submitting difference and disputes to arbitration, may provide that there is no right of action save upon the ..... an insurance policy. 2. the case of the plaintiff, a partnership firm, was that the defendant, commercial union assurance company limited, entered into a contract of insurance with the plaintiff by issuing a burglary and house breaking policy dated sept. 17, 1966, indemnifying loss of money to the limit of rs .....

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Feb 18 1993 (TRI)

Indian Shipping Co. Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1993)45ITD352(Kol.)

..... or the transfer of any right in the property in favour of the insurance company and that the payment was by virtue of the contract of insurance or indemnity and under the terms of the said contract.7. respectfully following these two decisions, we hold that the cit (appeals) was not right in directing the assessment of the amount of rs. 8 ..... ) of the act and the provisions of section 45 were not attracted. it was held that the money received under the insurance policy in such case was by way of indemnity or compensation for the damage, loss or destruction of the property. it was further held that the compensation cannot be stated to be consideration for the transfer of the property .....

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Feb 01 1994 (HC)

Kalindi Woollen Mills (P) Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 1994(74)ELT827(Cal)

..... a large profit, were not allowed to be exported, provided the court would give him relief against the inequitable enforcement of the indemnity clause in the contract with the stc.'39. we fail to appreciate how the observations made in the aforesaid judgment can have any application to the facts ..... under the said additional licence.43. this would also appear from the fact that although in case of importation under the open general licence contracts have to be registered with the textile commissioner in terms of clause 24 of the 'conditions governing imports under open general licence' as ..... the next question is whether the constitutionality of the export (control) fifteenth amendment order, 1979 should be examined closely vis-a-vis pre-ban contracts. constitutional questions should be considered by courts only when it is absolutely necessary, not otherwise. in the present case, broadly speaking, we are not ..... were effected within 60 days from the 28th april, 1989, i.e. within 27th june, 1989.8. the said consignments under the aforesaid contracts arrived at the calcutta port in or about august 1989. the customs authorities purported to confiscate the said goods on the ground that the ..... be registered, prior to the import of the said goods with the textile commissioner of the government of india. it was only after the contracts were registered with the said textile commissioner and the appropriate registration number was granted by the said authority, the said goods could be imported .....

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Apr 23 2014 (HC)

The Tata Iron and Steel Co. Ltd. Vs. Crane Lifts

Court : Kolkata

..... the defendant agreed to keep the plaintiff harmless and indemnified for all losses, damages, shortages, costs and expenses while the materials were in the custody of the defendant. in the indemnity bond, the plaintiff was described as of 43, chowringhee road, kolkata lying and situate within the territorial jurisdiction of this court. there was no dispute between the parties with ..... , the defendant must confirm the arrangement by returning to the plaintiff the duplicate of the letter dated october 15, 1975 duly signed by the defendant along with the stamped indemnity bond as per the proforma enclosed. the offer was admittedly issued from within jurisdiction. the offer required two acts to be performed by the defendant prior to the offer ..... regard to such fact. the defendant as consignment agent, therefore, undertook by the indemnity bond to pay the plaintiff at such office at kolkata within territorial jurisdiction of this court. in the facts and circumstances of this case, the contract was made at kolkata within jurisdiction. the defendant was obliged to pay the plaintiff at kolkata within ..... maturing to a contract. the offer required the defendant to confirm the arrangement by returning to the plaintiff the duplicate of the letter date october 15, 1975 and a duly executed stamped indemnity bond to the plaintiff. these obligations of the defendant were discharged by the defendant though .....

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